NFA On the Ropes: Silencer Shop Sells First Form 4-Less Suppressors in 92 Years

By • • 12 Comments • 4 minutes of reading • Gun Control, Law and the Courts, NRA, Silencers
dave metheny brandon herrera silencer shop
Silencer Shop owner Dave Matheny and Brandon Herrera

Did you feel that last night? The Earth moved a little as history was made in Austin, Texas at a little past midnight when two people legally bought suppressors without any National Firearms Act registration or paperwork.

Last week a US District Court Judge ruled that, thanks to the provision of the One Big Beautiful Bill that eliminated the $200 transfer tax, the National Firearms Act provisions that cover suppressors, short-barrel long guns and “any other weapons” was unconstitutional. You can’t have a tax law (that was how the NFA was justified at passage) that doesn’t collect a tax. Judge James Hendrix then put a seven-day stay on his ruling to allow the federal government to appeal the decision to the Fifth Circuit Court of appeals.

While appealing a ruling like this one is usually standard practice for the Department of Justice, there was much speculation that the Trump DOJ…might not. That they would simply let the ruling take effect.

As the days ticked off the calendar toward last night’s expiration of the stay, Gun Owners of America sent a letter to Attorney General Todd Blanche yesterday informing him that if no appeal was filed and no stay issued by the Fifth Circuit, one of the named plaintiffs — Silencer Shop — would transfer suppressors to two individuals at 12:01a last night..

Lo and behold, the deadline came and went without any appeal or request for a stay from the DOJ. And so, last night Silencer Shop sold suppressors to US Congressional candidate Brandon Herrera and Texas State Rep Wes Virdell after they completed 4473 forms as they would when buying any other firearm. No registration, Form 4s or any other NFA requirements were met in the completion of the transactions.

No, the NFA isn’t dead yet, but it’s not doing well. Keep in mind that Judge Hendrix’s ruling applies only to the plaintiffs in the lawsuit (which consolidated two suits, the other being Jensen v. ATF). That includes Silencer Shop, GOA, SAF, the Texas State Rifle Association, the Firearms Regulatory Accountability Coalition, B&T USA, SilencerCo and Palmetto State Armory. Hendrix ruled that all current and future members of orgs like GOA, SAF, and FPC are covered under the ruling.

Also keep in mind that dealers have been given no guidance at all how to deal with this, so if you stroll into your favorite gun store today waving your GOA membership card and expect them to sell you a Form 4-less can, they’ll probably tell you to kick rocks until they get more clarity on how to handle the new landscape logistically. It’s also probably a bad idea to take a hacksaw to your shotgun barrel or slide an MOE stock on your AR pistol buffer tube until much more becomes clear.

Also, there’s nothing to keep the DOJ from asking for a stay or filing an appeal today or any time in the remaining 52-day window they have to do so. That seems less likely, though, now that they appear to have made the conscious decision to let the ruling go to into effect.

But for now, this is a very good day. The sun is shining a little brighter this morning. The coffee tastes a little better than it did yesterday. And the long-hated National Firearms Act is one step closer to being tossed on the ash heap of gun-grabbing history.

 

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12 thoughts on “NFA On the Ropes: Silencer Shop Sells First Form 4-Less Suppressors in 92 Years”

  1. Dude

    Where are the black pillers who are always saying the two political parties are the same? Elections have consequences. Now everyone (who legally can) go out and buy a suppressor, SBR, SBS, or AOW. Once millions more of these items are in circulation and treated as ordinary firearms in free states, any new tax/registration scheme faces stronger 2A challenges under Bruen/Heller (common-use analysis).

    Reply
  2. .40 cal Booger

    Its not quite dead yet for SBR and SBS…

    short-barreled rifles and short-barreled shotguns are covered by the order, but they still require a Form 4 in all 42 states. The GCA is a separate law from the NFA and it still requires Attorney General approval for those items, and right now the Form 4 is the only form that gets you that approval.

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    1. .40 cal Booger

      and in states that require a form 4 for a suppressor, you still need a form 4 to posses legally under state law even if covered by the injunction

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    2. Eric

      Current law in WA state says that an SBR must comply with federal law and requirements. It does NOT say that it must be registered or have Form 4

      Reply
  3. .40 cal Booger

    DOJ DROPS BOMBSHELL: You CAN Carry a Gun in the Post Office

    “The Department of Justice just issued a major Second Amendment opinion concluding that federal law permits lawful carry of constitutionally protected firearms for self-defense inside post offices generally open to the public. Even more importantly, DOJ says the Executive Branch may not enforce the federal prohibition or Postal Service regulation against the law-abiding Americans covered by the opinion. In this video, we break down what the ruling actually says, the Bruen and historical analysis behind it, and why this could have implications far beyond the post office.”

    ht* tps://www.youtube.com/watch?v=ms7iZV5kUL4

    Reply
  5. LoneStar78730

    With respect, the transaction took place in Leander, TX – a bedroom community of Austin that isn’t even in the same county. Austin, if they had THEIR way, would disarm every one of us. DON’T give Austin any credit for pro-2A actions.

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